Opinion
No. 2015–1161 S C.
08-10-2016
NASSAU SUFFOLK LUMBER & SUPPLY CORP., Appellant, v. Donald MULDOON, Respondent.
Appeal from a judgment of the District Court of Suffolk County, First District (Vincent J. Martorana, J.), entered December 22, 2014. The judgment, after a nonjury trial, dismissed the complaint.
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this action to recover the principal sum of $4,500 for work, labor, services and materials furnished to defendant, relating to the installation of windows at defendant's home. After a nonjury trial, the District Court dismissed the complaint on the ground that plaintiff had failed to establish that it was a licensed home improvement contractor.
General Business Law § 770(6) defines a home improvement contract as an agreement which “includes all labor, services and materials to be furnished by the home improvement contractor” (see also Code of Suffolk County § 563–16). Code of Suffolk County § 563–17(A) makes it “unlawful for any person to engage in any business as a home improvement contractor without obtaining a license therefor from the office [of the Department of Consumer Affairs].” It is well settled that “an unlicensed contractor forfeits the right to recover damages based either on breach of contract or quantum meruit” (Quick Start Constr. Corp. v. Staigers, 77 AD3d 900, 900 [2010] [citations omitted]; see B & F Bldg. Corp. v. Liebig, 76 N.Y.2d 689 [1990] ; Richards Conditioning Corp. v. Bleet, 21 N.Y.2d 895 [1968] ; Golfo v. Sopher, 253 A.D.2d 479 [1998] ). As plaintiff failed to establish at trial that it was a licensed home improvement contractor (see Quick Start Const. Corp., 77 AD3d at 900 ), the District Court properly dismissed the complaint.
We do not consider any factual assertions or materials annexed to plaintiff's brief which are dehors the record.
Accordingly, the judgment is affirmed.
MARANO, P.J., GARGUILO and BRANDS, JJ., concur.